Registered cases of violation of mental health rights are increasing in Catalonia
Mental Health Catalonia and the Federació Veus have consolidated a line of work focused on defending the rights of people with mental health problems, taking the Convention on the Rights of Persons with Disabilities (CRPD) as a reference. Over the years, the two entities have organized conferences, seminars and developed documents to advance the promotion and protection of these rights.
Recently, they have taken on the challenge of collecting and documenting rights violations throughout Catalonia . This work allows not only to monitor and support the people affected, but also to influence to guarantee respect for their rights by institutions, companies, public administration, health professionals, education and society in general. Based on this information, they intend to design specific lines of action to improve the application of the CRPD in the field of mental health.
Violations of rights in mental health
Rights and Mental Health Report 2023
The report Rights and Mental Health 2023 states that during the year 2023 a total of 409 cases of rights violations were registered in Catalonia , with an increase of 33% compared to the previous year . The city of Barcelona concentrated 151 of these cases (36.92%), and the Barcelona region in general gathered 67.24% of the complaints. This territorial concentration is related to the greater population density and the presence of more services.
The profile of the complainants shows that the majority are people with a mental health diagnosis (243 cases, 59.41%), followed by family members and care environments (150 cases, 36.67%). Only 4% of the complaints come from professionals. In terms of gender, women represented 6 out of 10 complaints.
Regarding the victims, 61% are women , mainly cisgender and aged between 40 and 64 years (45.23%) and 25 to 39 years (21.76%). There is a clear underreporting in person of those under 14 years of age and over 65.
Violations occur mainly in hospitals (42.3%), and the public administration is positioned as the main discriminatory agent (63.81%), followed by individuals (23.47%) and private entities (11%).
The main axes of discrimination detected are mental health (48.5%), socioeconomic status (21.18%), gender (9.9%), functional diversity (6.39%) and age (5.26%). 41 cases of institutional violence were also identified. The most frequent discriminatory mechanism is differential treatment (77.26%), followed by physical aggression (14.18%) and verbal aggression (7.33%).
In 2023, a total of 409 cases of rights violations were registered in Catalonia, an increase of 33% compared to the previous year. 61% of the victims are women.
Regarding the violated rights, the right to a quality public service (22.8%), the right to health (16.98%), moral integrity (14.73%), physical integrity (11.91%) and the right to housing (6.94%) stand out.
Finally, it should be emphasized that 31% of the cases accompanied are considered highly complex, as they combine mental health problems with social exclusion, high medication or other pathologies. These situations reflect the need for an intersectional approach and public policies that address the social determinants of mental health.
Intersectional perspective
The report highlights that, despite regulatory advances and the ratification of the Convention on the Rights of Persons with Disabilities (CRPD), multiple human rights violations persist in Catalonia, particularly affecting people with mental health problems. It emphasizes the need to incorporate an intersectional perspective , understanding that mental health intersects with other axes of oppression — such as gender, social class, age, functional diversity, racism and LGTBI-phobia.
Women with psychiatric experiences suffer double discrimination based on gender and diagnosis. In 2023, 79 cases were accompanied by gender discrimination (an increase of 38%), in which 86% involved situations of physical or verbal violence. These situations generate isolation, loss of confidence and a profound impact on mental health.
An intersectional perspective must be incorporated, as mental health intersects with other axes of oppression, such as gender, social class, age, functional diversity, racism and LGTBI-phobia.
Regarding the LGTBIQ+ group , four cases of violation were accompanied, which evidence the impact of violence and difficulties in accessing appropriate services. In the area of racism and xenophobia , 18 cases were documented, the majority linked to structural violence, difficulties in accessing services and discrimination due to irregular administrative status.
The weight of social determinants in the right to health
Aporophobia (discrimination due to poverty) and/or discrimination due to social class was present in 169 cases, a 60% increase compared to 2022, with 10 specific cases of discrimination due to homelessness. There were also 42 cases of ageism, which affects both children and young people and the elderly, and 57 cases of ableism, often linked to accessibility barriers and stigma in mental health.
The report also warns of serious violations in education, work and housing :
- 3 cases of violation of the right to education (expulsions and lack of adaptations).
- 41 cases of harassment and discrimination at work.
- 74 cases of violation of the right to housing.
Violations occur mainly in hospitals (42.3%), and the public administration is positioned as the main discriminatory agent (63.81%), followed by individuals (23.47%) and private entities (11%).
Right to health and participation
Added to all this is the critical situation of the right to health . More than 39% of the violations detected in 2023 are related to access to a quality public service . The mental health system is saturated, with long waiting times, insufficient care, lack of continuity and a shortage of professionals, especially in rural areas. This precariousness violates the rights of the people being treated and their families, aggravates emotional distress and prevents recovery. The impact on children and young people is especially serious, with a 135% increase in suicidal behavior since 2020, mainly among girls. The failure to comply with the portfolio of services for families with serious mental disorders also leaves many families unattended.
Finally, the report highlights the impact of Law 8/2021 , which reforms the legal capacity system and allows people to decide on their supports. However, barriers to access and a lack of real participation in judicial processes are detected.
Furthermore, the persistence of institutional violence in the field of mental health is denounced: 41 cases of violations associated with involuntary admissions, mechanical restraints and forced medication were documented. These practices violate the freedom and security of people and contradict the principles of the CRPD. Despite some innovative projects that aim to reduce coercion (such as Safewards , Zero Containment or Open Doors), the reality shows a system far from a model based on human rights.
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